Saturday, June 08, 2013

County Sheriff’s Under Attack

CountySheriff’s Under Attack

Sheriff Joe
Arpaio of Maricopa CountyArizona as
well as several other county sheriff’s have come under attack by either the
Federal government or their own state governments for…‘what’…for upholding
their oath of office and their own State and Federal Constitutions. And now a Sheriff has been ‘arrested’ in Florida
for upholding the Constitution of the
Republic of the United
States of America.

By de Andréa

June 8, 2013

A number of Sheriffs around the
country have signed a pledge to abide by Constitutional law more specifically
the Second Amendment and to not enforce illegal laws that are known to violate
the U.S. Constitution. Sixty-seven
sheriffs in the state of Florida have signed one of these pledges declaring
that they would uphold the Second Amendment and protect people’s’ inalienable right
to keep and bear arms.

Note: The Encarta Dictionary says
inalienable means “Impossible to take away, not able to be transferred or taken away e.g.
because of being protected by law”. The
Law says, “A well regulated militia being necessary to
the security of a free state,
the right of the people to keep and bear arms shall not
be infringed.” This was
recently in 2009 upheld by the U.S. Supreme Court in Heller
verses Washington D.C.

The Encarta Dictionary says infringe or infringement means, “reduce
or limit someone’s legal right or freedom.” The law says, “shall not be infringed”,
no one can reduce someone’s legal right or freedom to “keep and
bear arms”, NO ONE! Not the
president, not the congress, not the mayor not the courts, and certainly not
Governor Scott. This is total ignorance and
the overstepping of the governor’s power.
In addition little known and understood is that the ultimate legal authorities in the entire United States of America
are the county sheriffs, also upheld by the U.S. Supreme Court.

One of those pledge signatories is Sheriff
Nicholas Finch, who was arrested by Governor Rick Scott in Florida for actions he took in a case in
early March in which Finch made his stand for the law, the Second Amendment of
the U.S. Constitution.

The charge stems from an incident
involving Deputy Sheriff, James Hoagland.
Now bear in mind, there were no other charges other than possession of a
‘legal handgun’. On March 8, 2013 Sgt. James Hoagland arrested
a man named Floyd Parrish who was carrying a loaded semi-automatic concealed
handgun. As Parrish was being booked,
one jail worker said Finch came in with a Parrish family member and spoke with
Parrish. Sheriff Finch then took
possession of Parrish’s arrest file and released Parrish and his gun. Several days later, Hoagland asked Finch
about it and Finch’s reply was that he committed no crime and that he was enforcing
“the
Second Amendment”

Court records showed that Parrish’s
name was whited-out from the county jail log.
Hoagland did have a copy of the arrest record but the original record is
missing.

Sheriff Finch was not officially arrested
for upholding the Constitution, which would have been too obvious…but on a “Third-Degree Felony charge of official misconduct for destroying or
removing official documents from the county jail to cover up the arrest of Mr.
Parrish”. Obviously
the Governor doesn’t know the law;because
according to law, if it was a bad arrest then all records can be expunged.

Finch’s lawyer, Jimmy Judkins,
released this statement: “The
records at the jail show exactly what happened in this case and the records
speak the truth. The sheriff looked at
the facts and said ‘I believe in the second amendment and we’re not going to
charge him.’ That is not misconduct at
all. That is within the Sheriff’s
prerogative whether to charge someone or not.”

Sheriff Finch’s actions are within
his authority. He certainly has the
right to not charge Parrish. Since Finch
did not charge Parrish, the records are then without value and Finch was within
his rights to expunge those records. Kris Anne Hall is a Constitutional lawyer.
She says that what Sheriff Finch did was within his right to do, listen
to what she has to say.

Despite the tap dance routine of
skewing the issue, this is strictly a Second Amendment issue. It is not about cover-ups or even the man who
carried the concealed weapon. The
sheriff says the state law, he was told to enforce, not only violates the
Florida State Constitution but the Federal Constitution as well.

Obama and AG Holder haven’t enforced
immigration laws or DOMA, among other laws, because they don’t obey the law,
Finch did. Until Holder is arrested and
convicted of failure to uphold the law, should we expect this sheriff to be
convicted for upholding the Constitution of the United States of America?

I guess we will see if the Florida
Supreme Court aligns itself with the Constitution and a documented U.S. Supreme
Court decision that gives countySheriffs ultimate legal authority. This was established from the time of the
Founding Fathers and upheld by the US Supreme Court in the 1997 case of Printz v. United
States. Initially, the case was Mack v. United States,
but by the time it reached the Supreme Court it was renamed, moreover, it was
about this very Issue.

THE BOTTOM LINE: Not only did the U.S. Supreme Court already
rule on this very issue, upholding the power of the only citizen elected law
enforcement officers in the nation, but if you read these two additional
articles you will understand the history of this issue coming right from some
of the architects of the U.S. Constitution.
Not only is Governor Scott wrong on the Constitutional issue but because
of that he is wrong on his own state and local law as well. It’s simple deductive reasoning…if there is
no arrest’, there are no records either.

But then reason, logic, Supreme
Court decisions, and Constitutional law, seem to completely escape law makers
these days…it’s not about the law it’s all about power and control.

When are congressmen, presidents,
state legislators, governors, county supervisors, city councilmen and mayors
who make and sign laws that violate American Constitutional law going to be
arrested fined or jailed for violating the ‘supreme law’ of the country? If they were,
they might have just a little more respect for it instead of acting as though
they’ were above the law.

Making laws infringing on “the
right to keep and bear arms”, is tantamount to making laws infringing
on “the
establishment of religion, or prohibiting the free exercise thereof or abridging
the freedom of speech or of the press…” or any other Constitutional
law.

About Me

I am a first generation American. My ancestors immigrated from Europe, legally I might add. My education is the equivalent of two years of college. No degree, so if you find that I am grammatically challenged, please forgive me. I am however, very well read in philosophy, political science and American history. I write about many subjects, mostly political. Sometimes about what chaps my hide, or just to provoke thought. I have been accused of being a right wing Christian conservative extremist, so I am coming out of the closet. I confess, yes, I am. I believe that it will take the power of God and a lot of extreme people like myself to grab hold of the steering wheel of this country and take a sharp turn to the right in order to stop this great nation from being buried in liberal socialism and tyranny. I welcome your comments, positive or negative. You can e-mail me at writedeandrea@hotmail.com or leave a comment at the bottem of my articles.